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The Sixth Circuit “won the lottery” and will decide the fate of the OSHA vax-or-test mandate

Image by Alejandro Garay from Pixabay
Filed Under: Every Employment Law Blogger Will Be Blogging About This Today.

Image by Alejandro Garay from Pixabay
Filed Under: Every Employment Law Blogger Will Be Blogging About This Today.

Image Credit: slam dunk by Andrew Doane from the Noun Project
On Friday afternoon, when four of my FisherBroyles employer law partners and I were dissecting the OSHA vax-or-test Emergency Temporary Standard (ETS) on Zoom — ICYMI, you can watch the replay here on The Employer Handbook YouTube Channel (https://bit.ly/TheEmployerHandbookYouTube) — I asked them to raise their hand if they thought that the ETS would ultimately survive judicial scrutiny.
No one did. Continue reading

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On Monday, a Texas federal court dealt with a nuanced issue relating to vaccine mandates. Continue reading
I’ve been doing this employment law thing for over 20 years now.

fast by Alice Design from the Noun Project
Damn! That was fast! Continue reading

Image by PublicDomainPictures from Pixabay
In September, the State of Arizona sued President Biden to stop his vaccination mandate for private employers. Since then, several other states have threatened to sue to stop the mandate. But, no one knows yet what exactly the OSHA Emergency Temporary Standard is going to say. So, other lawsuits against the private employer ETS have not yet followed.
However, an Executive Order requires that employees of certain federal contractors get vaccinated by early December. And that has prompted 19 states to file 4 separate lawsuits against President Biden and others to block the EO. Continue reading

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Last week, business groups asked the White House to delay President Joe Biden’s COVID-19 vaccine mandate for private companies with 100+ employees “until after the holiday season.” Also, last week, labor unions asked the White House for additional worker protections beyond mandatory vaccinations.
By the end of the week, I expected that the White House would release additional information about the vaccine mandate’s scope and substance.
Nada. Well, not quite. Continue reading

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CNBC’s Spencer Kimball has reported here that “business groups are pleading with the White House” to delay President Joe Biden’s Covid vaccine mandate for private companies with 100+ employees “until after the holiday season” because they fear it could that “cause a mass exodus of employees.” Continue reading

Image Credit: Google Street View
While warming up benching 315 lbs. at the gym yesterday, I listened to The Howard Stern Show.